If Schmehl confirmed, it might be years before permanent successor named

By Mary E. Young

Reading Eagle

Berks County Judge Jeffrey L. Schmehl is likely to be confirmed as a federal judge by the U.S. Senate, according to the state's two U.S. senators.

However, it's not likely to happen in time to elect his permanent replacement in 2013, said Sens. Bob Casey Jr., a Scranton Democrat, and Pat Toomey, a Lehigh County Republican.

The state constitution dictates that Schmehl would have to resign his Berks judgeship by Jan. 5 in order for candidates for the permanent position to get on the ballot in 2013.

If Schmehl's confirmation would occur after Jan. 5, the election could not be held until 2015, because the state constitution allows judge elections to be held only in odd-numbered years.

Gov. Tom Corbett has the option of filling the judgeship in the interim or leaving it vacant. If he decides to fill it, the state Senate would have to confirm his appointee.

The appointee would serve through the end of 2013, if Schmehl is confirmed as a federal judge by Jan. 5. If not, the appointee would serve through the end of 2015.

Candidates interested in the permanent position would need to follow standard procedures for getting on the ballot for the primary election either in 2013 or 2015, according to Ron Ruman, press secretary for the Pennsylvania State Department.

The winner's 10-year term would start either in January 2014 or January 2016, he said.

The decision already has been made not to name a temporary replacement for Berks Judge Linda K.M. Ludgate, who is retiring this year.

Her position and that of Judge Peter W. Schmehl, who is retiring at the end of 2013, will be filled in the 2013 election.

The elected judges replacing Ludgate and Peter Schmehl will take office in January 2014.

As a federal judge, Jeffrey Schmehl would serve in The Madison building in Reading.

Courtrooms there had been occupied by U.S. District Judge E. Mac Troutman, who retired in 1988, and U.S. District Judge Daniel H. Huyett III, who died in May 1999.

By 2004, courtrooms in The Madison reopened with two other judges from Lancaster and Chester counties presiding.

On Oct. 12, 2006, Thomas M. Golden of Reading was sworn in as a federal judge. He died at age 62 on July 31, 2010.